Letter to the editor
In Australia today, because we have a Judicial and Legal Cartel running the Country and Parliaments are virtually irrelevant, Banks have become very profitable by buying indulgences through Major Law Firms, for their dodgy practices, and in open defiance of the Law of the Land. An indulgence was the mechanism used by the Roman Catholic Church to build its magnificent Cathedrals by selling permission to rich people to avoid the consequences of sin. This purchase of permission and impunity from Prosecution comes at a price, and that Price is paid to the Liberal Labor Accord in approximately equal amounts, and to the real Power People as bribes, invisible to the ordinary people because of the High Salaries paid to Judges and Magistrates.
With Universities now virtually having a monopoly on Graduating Law Students, and no independent qualifying examination for admission to the Legal Profession, the Profession of Law is a quasi Priesthood, and the Law is God by other means. Just as the Priests of the Roman Catholic Church jabbered away in Latin, lawyers jabber away in Legalese, and we are prevented from seeing just how much money is taken unjustly from individuals and flows into Bank Coffers through that other Criminal Class the Liquidator and Trustee in Bankruptcy. The major criminal Act of Judges and Magistrates is ordering payment of scurrilous debts. They do this by insisting self righteously that Debts must be paid. Then they make what is Called an Order for Possession of the Property secured. After extorting large Late Fees the extorted Property is often sold at Fire Sale Prices well below the valuation placed upon it by the Bank when lending.
In 1914 in the Crimes Act 1914 (Cth) the pre-existing law prohibiting any Judges and Magistrates from finding facts without consent was made permanent by making an attempt to avoid the prohibition, a criminal offence. That is S43 Crimes Act 1914 (Cth) . Further making Rules of Court like the Holy Bible of law, that are supposed to overrule “any prior inconsistent Act,” as s6 Supreme Court Act 1970 ( NSW) purports to do, means Parliament is irrelevant and the Nine judges on the Rules Committee like the Queen Mary just sail on, irrespective of the will of elected representatives. The Greens and Liberal Labor Accord subscribe to this philosophy because it allows them to make ridiculous promises and maintain the present subsidy to the Banks.
The Parliament of the Commonwealth intends this prohibition to be taken seriously because in 2010 they increased the Penalty from Five Years Imprisonment to ten for breaches of its provisions. Now you cannot send a Corporation to prison. To get around this the Parliament of the Commonwealth enacted S 4B Crimes Act 1914 (Cth) and it has a formula for converting a term of imprisonment for an Individual into a Liquidated Penalty to be paid by a Corporation. An offence against S43 Crimes Act 1914 (Cth) converts Ten Years Imprisonment to a Liquidated Penalty of $330,000. This is enough to make Compulsory Pensioners self funded retirees, in every case where a Trustee in Bankruptcy or Liquidator has assumed Possession, on the Order of a Judge.
Further since S4K Crimes Act 1914 (Cth) makes this Penalty applicable Daily, then the amount of money the Banks are avoiding is staggering. Enough to Balance the Commonwealth Budget. Take the Compulsory Pensioners out of the mix, and it makes the bottom line for the Australian Government look pretty healthy. The Australian Government has a Scheme called the Compensation for Detriment caused by Defective Administration Scheme, and have an Application form you can use. They introduced this in 2009, but to my knowledge no one has ever been paid under it.
This is because the Australian Government has its Own Judiciary that makes Rules of Court to prevent enforcement of this Obligation, by either a Private Prosecution under the Criminal Code Act 1995 (Cth) or Crimes Act 1914 (Cth) or a Civil proceeding for a Penalty. This is despite S64 and S65 Judiciary Act 1903, (Cth) which says the Commonwealth is just like any other Corporation and subject to the courts. The Liberal Labor Accord does not want Accountability, and increasing numbers of people are turning to the Greens, and flip flopping Governments to try and get reform. The Liberals and Greens formed an Unholy Alliance to ram through Voting Changes in the Senate. The Liberal Labor Accord and the Greens are one and the same and Bad for Australia.
Think carefully this election. Flip Flop again but return the Independent Senators. Maybe the incoming Government will embark on real reform and balance their budget by making Crime an unprofitable business.
Peter Gargan
Perth
NB: Under S24F Crimes Act 1914 privilege is claimed for this Document. S 28 further protects these comments. Copyright is waived.